Do you have to be married to filed jointly? My boyfriend's dad said that you just have to be common law married in order to file together. My boyfriend and I have been together for 5 years and living together for about 2 and a half. I don't know if that makes us common law or what. We are planning to get married, but not for another year.
He also said that once you file jointly, you are considered married legally. Does he know what he's talking about?
2007-12-27 01:30:38 · 7 answers · asked by ~♠♥CJ♥♠~ 6 in Business & Finance ➔ Taxes ➔ United States
Sorry, I should have mentioned that I live in Alabama. They do recognize common law marriages here . I don't think that we are though, because there is no proof of public recognition of the marriage. I know that it is not as simple as calling him my hubby, though. Someone I know tried to file a divorce based on those grounds but did not succeed because she did not have actual proof. I just remembered that my bf's dad said that you just need consummation to be common law. I guess he really is full of it. But he keeps insisting that we are and that we should file jointly so I just wanted to clear it up once and for all.
2007-12-27 02:03:42 · update #1
Yes you have to be married to file jointly. A common law marriage is a legal marriage, but that takes more than just living together for a period of time, and in most states common law marriage doesn't even exist any more. But no, just living together for 2-1/2 years does NOT make you common law married.
Your boyfriend's dad has it backwards - filing a joint return doesn't make you common law married, although if you ARE common law married you are allowed to file a joint return.
You don't say where you live. If you are interested, you can look at http://en.wikipedia.org/wiki/Common_law_marriage for info on the requirements in your state to be common law married, if it exists at all where you live. Just a note: as long as you refer to him as your boyfriend, you are not in any jurisdiction considered to be common law married since one of the requirements is that you hold yourself out publically to be husband and wife.
2007-12-27 01:48:56 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
As was mentioned you might be considered a "Common Law Marriage". Even though there is no minimum time specified just living together is not enough.
You have to live in a state that recognizes Common Law Marriage
You have to present yourself as married to other people.
You have to intend to actually get married.
If you do file as married filing jointly you might be considered to be presenting yourself as married. So on that part your BF might be right, as long as the other two conditions are met. Just remember that even though you may have a Common Law Marriage, there is no Common Law Divorce.
2007-12-27 09:52:59 · answer #2 · answered by OC1999 7 · 2⤊ 0⤋
If your marriage meets the requirement of a common law marriage in your state, then you can file a joint return with the IRS. See the link below.
Just guessing here. I don't think that you will meet the requirements of common law marriage in any state since you have been living together for only 2 1/2 years.
2007-12-27 09:39:46 · answer #3 · answered by Steve 6 · 1⤊ 1⤋
From you own statement that you are planning to be married in the future, you are not currently married under common law, even if you live in a common law marriage state.
Please ignore your father's bad advice and file your return properly. You cannot file a married filing joint return if you are not married.
2007-12-27 10:22:40 · answer #4 · answered by ninasgramma 7 · 1⤊ 0⤋
No you are not married legally but you have same rights (in Canada anyway). It's called Common Law Marriage (Partners) and to get that status you have to live 12 Mts. together (I think).
More info here:
http://info.lawyershop.ca/family/index.php/archives/2005/09/30/common-law-marriage/
http://www.mfa.gouv.qc.ca/services-en-ligne/guide-programmes-services/fiches/1_2.asp?lang=en&chapitre=1&fiche=2
2007-12-27 09:48:06 · answer #5 · answered by Zorro 3 · 0⤊ 1⤋
no he doesn't. married is married, go to h&r block and they can explain. where does this man get info? this used to be rumor long time past. no thing now. file separately til married leggally in eye of law
2007-12-27 09:34:09 · answer #6 · answered by tone 6 · 0⤊ 0⤋
Why not get married and problem solved? You have three days left for this year.
2007-12-27 20:02:25 · answer #7 · answered by Gary 5 · 0⤊ 0⤋